Missouri Court of Appeals, Western District / Apr 2, 2019
Heather C. Cone vs. Jeffrey A. Kolesiak
Heather C. Cone appealed from an Original Judgment of dissolution of marriage, which awarded joint legal and physical custody of the minor child. The appellate court dismissed the appeal for lack of jurisdiction, finding that Cone's notice of appeal was untimely. The court determined that the parties' post-judgment motions to modify child custody were independent proceedings and did not extend the finality of the Original Judgment for appeal purposes. Consequently, the notice of appeal, filed more than ten days after the Original Judgment became final, was ineffective.